Roads Act 1993
Directions by the Authority to road authorities.
20.—(1) The Authority may, in relation to a national road, direct a road authority to—
(a) make a motorway scheme and submit it to the Minister for his approval,
(b) make an application to the Minister for a bridge order under the Act of 1946,
(c) make a protected road scheme and submit it to the Minister for his approval,
(d) acquire land by making a compulsory purchase order or otherwise,
(e) submit a compulsory purchase order to the Minister for confirmation,
(f) prepare an F20[environmental impact assessment report] and apply to the Minister for the approval referred to in section 51,
(g) prepare, or arrange for the preparation of, designs for specified construction or improvement works,
(h) enter into contracts for specified construction or maintenance works,
(i) undertake specified construction or maintenance works,
(j) prepare, or arrange for the preparation of, a programme of maintenance works,
(k) prepare, or arrange for the preparation of, a scheme for the provision of traffic signs,
F21[(l) provide a specified traffic sign under and in accordance with section 95 of the Act of 1961,]
(m) do any other thing which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate the construction or maintenance of a national road,
and the road authority shall, notwithstanding section 39 of the Act of 1963 or any other enactment, take all such measures as are necessary to comply with such a direction.
(2) Before issuing a direction under subsection (1) in relation to any works which would, in the opinion of the Authority, if carried out require a road authority to contravene materially a development plan or a special amenity area order, the Authority shall—
(a) publish in one or more newspapers circulating in the area where the proposed works would be carried out a notice stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date of first publication of the notice),
(b) serve a notice on the road authority and, where the road authority is not the planning authority, on the planning authority stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date on which the notice was served),
(c) consider any objections or representations made to it under paragraph (a) or (b) and not withdrawn.
(3) Before issuing a direction (other than a direction to which subsection (2) relates) to a road authority, the Authority shall consult with such road authority.
(4) A direction under subsection (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.
(5) (a) Subject to paragraph (b), where a road authority refuses or fails to comply with a direction under subsection (1), the Authority may, notwithstanding any other enactment and in any case in which it appears to it that the circumstances so warrant, perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.
(b) The Minister may, by regulations, specify a class of case in which a decision by the Authority under paragraph (a) shall not have effect unless and until it is approved by him.
Substituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 4, subject to interpretation provision in reg. 2(2).
Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(3)(a), S.I. No. 222 of 1994.
Modifications (not altering text):
Term “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 215(2), S.I. No. 449 of 2000, subject to s. 218(4).
(2) The references to the Minister in section 19(7) and paragraphs (a), (c), (e) and (f) of section 20 (1) of the Roads Act, 1993, shall be deemed to be references to the Board.
Oral hearings in relation to compulsory acquisition of land.
(4) Sections 135, 143 and 146 shall apply and have effect in relation to the functions transferred to the Board under section 214 and 215 and those sections shall be construed accordingly.